BANSHIDHAR DAS Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) IN Tarapur Grama Panchayat there are admittedly 20 members. The election of the Naib Sarpanch was to take place between 7 and 8 A.M. on 1 -7 -1967. The Petitioner's case is that he alone filed the nomination. The Presiding Officer declared at the meeting that he was elected, but did not subsequently notify that he was elected as required by Section 15 of the Orissa Grama Panchayat Act, 1964. An affidavit was filed on behalf of the opposite parties stating that out of 20 members only 5 were present in the meeting and as there was no majority no election could be held though the Petitioner was the only person who filed nomination which was found to be valid on scrutiny.

(2.) THE only contention urged by Mr. Dalai is that once there was a single nomination filed by him, the Election Officer was bound to declare him elected under Rule 76(f) of the Orissa Grama Panchayat Election Rules, 1965. To appreciate this contention the relevant law on the point may be examined.

(3.) IN the affidavit filed by the State, it was stated that only 5 members were present. In the rejoinder filed by the Petitioner, he relies upon the report of the Presiding Officer to the effect that out of 20 members of the Grama Panchayat including the Sarpanch 10 members were present during the period of election. Thus, even on the affidavit of the Petitioner there was no majority of members present during the election. Out of 20 the majority must be, at least, 11.